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(영문) 서울중앙지방법원 2016.06.22 2015가합11712
근저당권등기말소
Text

1. As to each real estate listed in the attached list to the Plaintiff, the Defendant shall make a registry office of the Seoul Central District Court on July 2009.

Reasons

1. Basic facts

A. On July 7, 2009, the Plaintiff filed for registration of collateral security (hereinafter “registration of collateral security”) with respect to each real estate listed in the separate sheet, each of which was owned by the Plaintiff, and each of which was owned by C, D, and both above ground E, Seoul, Jung-gu, and D (hereinafter “instant building”) KRW 900,000,000, the maximum debt amount of which was KRW 501,00, and the debtor, the Plaintiff, and the mortgagee as the Defendant.

B. The instant building 601 was partitioned on March 31, 2010 by the number of heading 602 to 687 of the instant building.

C. On February 15, 2013, No. 501 of the instant building was sold to a third party in the procedure for the compulsory auction of F Real Estate (hereinafter “instant auction procedure”) by Seoul Central District Court on February 15, 2013, and the registration of collateral security was revoked.

In the instant auction procedure, the Defendant filed an application for a demand for distribution with reporting the claim of the principal amounting to KRW 1,218,958,904 (i.e., the principal amounting to KRW 700,000,000) (i.e., KRW 518,958,904). In the said auction procedure, 501 of the instant building was sold to KRW 1,817,910,000.

At the instant auction procedure on March 14, 2013, a distribution schedule was prepared to distribute all the amount reported to the Defendant on the date of distribution open on March 14, 2013.

The Defendant received the said dividends on March 14, 2014 due to disputes with other creditors in the instant auction procedure.

E. On March 13, 2014, the Plaintiff and the Defendant: (a) borrowed the amount of KRW 900 million from the Defendant at interest rate of 20% per annum; (b) five years of maturity; and (c) the Plaintiff and the Defendant drafted a certificate of borrowing that the instant mortgage registration on the instant building Nos. 210, 310, 410, and 601 would be useful to secure the above loan obligation (hereinafter “the instant certificate of borrowing”).

F. On March 17, 2014, the Defendant remitted KRW 700 million out of the amount received as a dividend in the said auction procedure to the Plaintiff.

[Reasons for Recognition] There is no dispute, Gap evidence 1, 2, 7, and Eul evidence 2 and 3.

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